Land Acquisition and Compensation (Northern Ireland) Order 1973

Right to farm loss payment where person displaced from agricultural unit N.I.

34.—(1) Where land constituting or included in an agricultural unit is land in respect of which the person in occupation of the unit has an owner's interest, then if—

(a) in consequence of the compulsory acquisition of his interest in the whole of that land ( “the land acquired”) he is displaced from the whole of that land; and

(b) not more than three years after the date of displacement he begins to farm another agricultural unit ( “the new unit”) elsewhere in the United Kingdom,

he shall, subject to the provisions of this Article and Article 36, be entitled to receive a payment (in this Order referred to as a “farm loss payment”) from the acquiring authority.

(2) In paragraph (1) “owner's interest” means a freehold interest (whether legal or equitable) or a tenancy granted or extended for a term of years certain of which not less than three years remain unexpired on the date of displacement.

(3) For the purposes of this Article a person is displaced from land in consequence of the compulsory acquisition of his interest therein if, and only if, he gives up possession thereof—

(a) on completion of the acquisition;

(b) on being required to do so by the acquiring authority; or

(c) where the acquiring authority permit him to remain in possession of the land under a tenancy or licence, on the expiration or termination of that tenancy or licence;

and references in this Article and Article 35 to the date of displacement are references to the date on which the person gives up possession as aforesaid.

(4) No farm loss payment shall be made to any person unless on the date on which he begins to farm the new unit he is in occupation of the whole of that unit in right of a freehold interest therein or a tenancy thereof, not having been entitled to any such interest or tenancy before the date on which the notice of application for, or the notice of intention to make, the vesting order in respect of his interest in the land was first published.

(5) No farm loss payment shall be made to any person displaced from land in consequence of the compulsory acquisition of his interest therein if the acquisition of his interest in the whole or any part of that land is in pursuance of the service by him of a blight notice under[F1 Article 5 of the Planning Blight (Compensation) (Northern Ireland) Order 1981].

(6) This Article applies if the displacement is on or after 17th October 1972.

F1 1981 NI 16